(1) Every person on appointment as a State servant shall declare his age along with the date of birth, and in support of such declaration shall furnish to the appointing authority documentary evidence, namely, an authenticated, extract from the birth or baptismal register, original horoscope or correspondence contemporaneous with the time of birth, indicating the date and time of birth, an authenticated copy or extract from the entries made in school or college records indicating the date of birth:
Provided that where any such document is not available, the reasons for its nonavailability shall be furnished along with such other documentary evidence in support of the declaration of the age and date of birth as the appointing authority may require.
(2) The appointing authority shall 1[nothwithstanding anything contained in any judgment, decree or order of any court]1 after considering the evidence produced by the State servant and after such enquiry as it deems fit, accept the age and date of birth which in its opinion is satisfactorily established; and shall inform the State servant and shall record or cause to be recorded in the service register or book or any other record of service of the State servant the age and date of birth so accepted:
1. Inserted by Act 22 of 1977 w.e.f. 29.7.1977
Provided that if the age and date of birth of a State servant has been determined by a decree of a civil court obtained by the State servant 1[after he became such servant]1 against the State Government and which has become final before the commencement of this Act, the age and date of birth so determined shall be accepted and recorded or caused to be recorded in the service register or book or any other record of service of the State servant concerned.
1. Inserted by Act 22 of 1977 w.e.f. 29.7.1977 1[Provided further that in the case of a State servant who has passed the Secondary School Leaving Certificate Examination or any other examination equivalent thereto, the date of birth and age specified in the certificate evidencing pass in such examination shall be accepted as his date of birth and age:]1
1. Inserted by Act 22 of 1977 w.e.f. 29.7.1977 4 1[Provided further that the powers of the appointing authority under sub-section (1) and sub-section (2) shall, in respect of a State Servant who is subject to the control of the High Court under Article 235 of the Constitution be exercisable by the High Court.]1
1. Inserted by Act 13 of 1984 w.e.f. 19.4.1984
(3) Notwithstanding anything contained in sub-sections (1) and (2), the age and date of birth of a State servant accepted and recorded in his service register or book or any other record of service before the date of commencement of this Act in accordance with the rules then in force shall be deemed to be the age and date of birth of such State servant accepted and recorded in the service register or book or any other record of service under sub-section (2).
(4) The age and date of birth accepted and recorded or deemed to have been accepted and recorded in the service register or book or any other record of service under sub-section (2) or as the case may be sub-section (3), shall subject to any alteration made under section 5, be applicable for all purposes relating to the conditions of service including superannuation and retirement of the State servant concerned.